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#feedback

9/26/2015 7:01:51 AM
30

My reply from the Citizens advice bureau

Here it is, in full: We understand from your email that you have found that you have been locked out of some of the content from the first two pieces of downloadable content (DLC). You feel that the term in the End User Licence Agreement (EULA) specifying that the developer may change or restrict the content, is an unfair term. Your rights and obligations Your rights here would be against Activision, the publisher of the game and the DLC. As the Consumer Rights Act does not come into effect until 1st October 2015, your rights would be contained within the common law. Under the common law, you can expect any content and service to be supplied in line with the way it has been described. This may take into account any advertising, information on the trader's website, information in any terms and conditions or EULA, and so on. You may also expect the product to be delivered in in line with what is reasonable to expect, given the nature of the product. In the case of this game, you would consider "what is reasonable to expect of a game that has elements of a first-person shooter, and of a multi-player online role-playing game?". If the product is not delivered in line with the above, you may hold them in breach of contract. You may seek damages – typically this would be an amount of money to reflect the difference between the way the product was described, and the product you are actually receiving. In this case, you may argue that by changing or restricting the content, the trader (Activision) is in breach of contract, as what you are able to access now is different to what you could previously access. However the trader may argue that it is reasonable to change or restrict elements of a product where such changes are made to improve functionality, introduce new content, and so on. They may also argue that in many multiplayer online games, the content changes over time, and so it is reasonable to expect that the accessible content in this game will change over time. Ultimately, it would be for a civil court (e.g. 'small claims') to determine whether the trader is in breach of contract, and if so what you are entitled to by way of recompense. Your next steps If you wish to pursue this, we would advise to take a formal approach and write to the trader. The letter should outline any relevant events regarding this issue and make it clear what you expect from the trader and why. It should also give the trader a reasonable time to resolve the matter. You can find guidance for how to set out your letter on our website. We would also suggest that any letter is sent by recorded delivery and that you keep a copy – this may help you prove that you have contacted the trader and tried to resolve the matter amicably, and also you can use the ‘Recorded Signed For’ label the post office will supply you with to confirm that the trader has received the letter. What we will do We will inform Trading Standards about this issue. Whilst this doesn’t help you resolve your problem, it gives Trading Standards vital intelligence about how the trader operates their business. If Trading Standards look at the terms and consider they could be seen as unfair, they can take appropriate action. So that we can do this please can you provide your address and postcode – as there is no ‘central’ Trading Standards Authority, we need a postcode to determine which Trading Standards Authority we would pass the case to. You can provide this by either responding to this email or ringing the below number. It would also be helpful if you can provide your telephone number, in case Trading Standards wish to discuss this further with you. Please note your details would not be shared with the trader you refer to in your complaint but may help Trading Standards to contact you if they need to ask further questions.
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#feedback

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  • Bump.

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  • Good luck man. I bought ttk but I don't agree with what they are doing locking people out.

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  • Bump

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  • Good thank you for providing this information.

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  • So what you're saying is you'd pay more in legal fees than what you'd actually receive if you were to win the case.

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    • OMG!!! You're doing it!!! Go go go go!! I absolutely agree to this, I was locked out and forced to buy a new DLC, so I didn't and just deleted the game. PSN won't reimburse me of my first two locked out DLC's either. :( bring us justice!!

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      • Edited by DJ Professor K (Timelost): 9/27/2015 9:53:55 PM
        [quote] However the trader may argue that it is reasonable to change or restrict elements of a product where such changes are made to improve functionality, introduce new content, and so on. They may also argue that in many multiplayer online games, the content changes over time, and so it is reasonable to expect that the accessible content in this game will change over time. [/quote] DING DING DING. See? Even they get it. Yet all of you refuse to. EVEN WHEN IT'S RIGHT IN FRONT OF YOU.

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        • Thank you for taking the time to do this. This is real progress. The chop the game, lock out first year supporters, and overcharge DLC crap needs to end.

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          • I have the highest amount of respect for you. Taking initiative on this matter and seeing what, if any, could actually be done. Some of the other gentleman on this forum, that share your views, could take pointers from you on being proactive. Well done bud. Hope at least something comes out of it for you!!!

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            • Citizens Advice Bureau. Never heard of it. Google search tells me it is in the UK. I'm not going to bother wasting my time on this besides point out that you are doing nothing good to other countries understanding your plight or your understanding about a video game. You need to be more productive with your time if you can't reason out the situation regarding Destiny or to put it more simply: Why do you think posts like this aren't more common? Because people don't take action? BS. They take action all the time in any one of the 167 countries where the EULA is the exact same, word for word, when translated between the languages. You want to take it up with that? You'll lose every bit of your peer status and bluntly be called a rat for being greedy about getting money back. Prove that you aren't is the only response when you come back to that saying it isn't about that. NO ONE knows you. It's pretty simple: You pay X, Y, and Z for various things in a given year. You have to pay another thing called tax on them when you do as well. But when interactive entertainment is not well appreciated? You go RETURN THE PRODUCT. The businesses? Who made the game available to you? Will not be so inclined to get it next time a title comes out. That solves the problem without being made to look like a coward.

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              • Hopefully it backfires straight up Activisions 'bung' hole

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              • Bump

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              • So in other words cite specific misunderstandings. Start with how deej said they'd allow weapon ascension and never make our gear obsolete again after tdb.

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              • Edited by Sub Umbra Floreo: 9/27/2015 1:52:16 PM
                Good information. Thanks. Bump!

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              • Get a life

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                • To summarise post.... If u have an issue it's a civil matter see a solicitor

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                • Bump +100,000,000

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                • 6
                  Just got my response from the BBB yesterday, and it was forwarded on to Activision. I think more and more people need to take a more formal approach to voice their dissatisfaction with this game. We get no response out of Bungie by voicing our concerns on the forums, perhaps an incline in recorded complaints would spark change, or at least get someone's attention with some authority at Activision/Bungie since they are all public record.

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                  • Edited by gallp13: 9/26/2015 11:44:43 PM
                    Thank you for taking action and sharing your results. In summary; 1. You write to Activision and describe in polite and factual terms what content you can no longer play in vanilla; Subject to Activision's response; 2. You have to provide the EULA you executed, detailed and factual list of content you are no longer able to play that violates the EULA to the Small Claims Tribunal (SCT); The SCT then; 3. Reviews the EULA and your claim and if Activision has violated their own EULA Activision may be directed to refund the value of the content you can no longer play. Are you intending to follow this advice ? If so ; would you mind posting updates and results to this place ?

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                  • is this a joke?

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                  • So basically yup it's not ethical but it's legal I can't believe this is legally ok but that's what it is Unfortunate as it is

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                    • "Destiny....become mediocre!" "Destiny, because 50 mil a year just isn't enough!"

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                      • Go for it...well done

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                      • ( Rolls eyes )

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                      • Interesting.

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                      • Lol, good luck you will spend much more than what you gain.

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